People ex rel. New York Central & Hudson River Railroad v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal by the relators, the New York Central and Hudson ■Biver Bailroad Company and others, from a judgment of the Supreme Court- in favor of the defendant, entered in the office of the clerk of the county of Erie on the 17th day of April, 1906, upon the decision of the court, rendered after a trial at the Erie Special Term, dismissing a writ of certiorari theretofore issued herein.
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Appeal by the relators, the New York Central and Hudson ■Biver Bailroad Company and others, from a judgment of the Supreme Court- in favor of the defendant, entered in the office of the clerk of the county of Erie on the 17th day of April, 1906, upon the decision of the court, rendered after a trial at the Erie Special Term, dismissing a writ of certiorari theretofore issued herein. On the 26tli day of January, 1903, the board of aldermen of the city of Buffalo adopted a resolution initiating the proceeding for the paving of-Curtiss street, between Broadway and William streets in that city,…
1Opinion of the Court
Spring, J.:
Section 18 of the charter of the city of Buffalo (Laws of 1891, chap. 105),- so far as germane, provides: “Every ordinance and resolution-of the common council * * * shall be presented to the mayor before it shall be of force. ‘ If he approves it he shall sign it; but if not, he shall-return it, with his objections, to the city' clerk, who shall lay the same before the board of aldermen at its next-regular meeting thereafter. The hoard of aldermen shall enter *143the objections upon its journal, and proceed to reconsider the ordinance or resolution objected to.”
The required vote to…
2Cases cited2 opinions
- Wetmore v. StoryNew York Supreme Court · 1856
- Beekman's CaseNew York Supreme Court · 1860
3Cited by4 opinions
- Greshin v. Suffolk County LegislatureAppellate Division of the Supreme Court of the State of New York · 1980
- In re BuckleyNew York Supreme Court · 1930
- People ex rel. Holtzmann v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1909
- Sessinghaus v. Central Paving and Construction Co.Missouri Court of Appeals · 1927